Does a high BAC mean I will be charged with a felony DWI?

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"Hiring Adam was the best decision after I was charged with 4 tickets for a DWI. It took Adam just one court appearance to convert all the tickets into a minor DWAI with minimum charges. He always made sure I was relaxed and he would take care of me like a younger brother. I've no words to thank him for what he has done for me!" *****

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"He is a very professional and well organized individual that will work with you not against you in any situation, and does his best to defend you and your rights in court. I would highly recommend P. Adam Militello for anyone in need of his services he provides." *****

“Mr. Militello is the BEST!”

"Adam is an AWESOME attorney! I never been in trouble with the law and after getting pulled over on the holiday was charged with a DWI. I was scared and terrified. Adam told me, I would be okay and he would fight for me. Which he did. He got my misdemeanor charge down to a traffic infraction of a DWAI. Which is a non criminal charge. I am very thankful and blessed. I'm a healthcare professional and a misdemeanor would have affected my career. He is honest, a good listener, very funny and keeps you updated in regards to your case. He contacts you in reasonable time and works hard on your case. He doesn't mind when you call asking a lot of questions. Also, he is very affordable and will work with. Forget the rest, hire best. Adam is the best." *****

Does a high BAC mean I will be charged with a felony DWI?

Whether you are charged with a felony or misdemeanor DWI does not depend on your breath test. It depends on whether you have prior convictions, or whether you have a passenger under the age of 16.

P. Adam Militello, Esq.
P. Adam Militello, Esq.

In fact, just because the police allege that your BAC was extremely high, it does NOT mean that you have to be convicted of DWI, or Aggravated DWI for that matter. In fact, there isn't really a correlation between a high BAC and the probability that you will be convicted.

Why?

Because in a case where there is an admissible breath test, there are really two primary ways in which a DWI lawyer can try to win your case. (There are a dozen or more secondary ways to win, but here are the two big plays we often make.)

Play #1: Get the case dismissed before trial by winning the probable cause hearing. If there was no lawful reason to stop your vehicle, then it doesn't matter if your BAC was .01% or .30% - you aren't going to be convicted. The concept is that everything that happened after the unlawful stop is "fruit of the poisonous tree." All that evidence that was collected - the statements you might have made, the breath test result - all of it, must be suppressed from coming into evidence. Once that happens, the prosecution has no case against you, and the Court will dismiss the charges against you. We had a case dismissed against a client in exactly this way, and the defendant's alleged BAC was .24% - three times the legal limit.

Play #2: Attack the breathalyzer. Police in this area use a BAC Datamaster to obtain admissible blood alcohol measurements. The BAC Datamaster is... sketchy. It doesn't actually measure alcohol, for starters. It has an operator's manual with ridiculous requirements that most operators haven't read since they were trained on the machine, and the design itself is, frankly, unimpressive. Attacking its results is a solid strategy for winning a case that needs to go to trial.

Neither of these strategies rely on a low BAC. So, if you have been charged with Aggravated DWI, and if you think your case cannot be won, contact us at The Militello Law Firm for a free telephone consultation and case evaluation. (585) 485-0025

 

The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128